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McCOLLOUGH v. McCOLLOUGH

No. 03-05-00558-CV.

212 S.W.3d 638 (2006)

Randy F. McCOLLOUGH, Appellant, v. Cherie McCOLLOUGH, Appellee.

Court of Appeals of Texas, Austin.

August 25, 2006.

Attorney(s) appearing for the Case

Dana D. Banks, Smith, Rose, Finley, Harp & Price, P.C., San Angelo, for appellant.

Andres S. Medrano, Anne A. Dvorak, Medrano & Heisler, Austin, for appellee.

Before Chief Justice LAW, Justices PEMBERTON and WALDROP.

OPINION

BOB PEMBERTON, Justice.

Appellant Randy McCollough sued to modify alimony payments he was required to make to his ex-wife, appellee Cherie McCollough, under an agreement incident to their divorce. He relied in part upon provisions in chapter 8, subchapter B of the family code, which govern spousal maintenance payments. Cherie obtained summary judgment that chapter 8 was inapplicable to Randy's alimony obligation here, and Randy appeals.

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